Excess Funds

Excess Funds from Sale Proceeds – ORC Section 2329.44

Section 2329.44 of the Ohio Revised Code states “…if the officer who makes the sale receives from the sale more money than is necessary to
satisfy the writ of execution, with interest and costs, the officer who made the sale shall deliver any balance remaining after satisfying the writ of
execution, with interest and costs, to the clerk of the court that issued the writ of execution not later than forty-five days after confirmation of the sale”.

The clerk then shall do the following if the balance is five hundred dollars or more:

1. Send a notice to the judgment debtor(s) by certified mail, return receipt requested, within 90 days after the sale.
2. If certified mail is returned with an indorsement showing failure or refusal of delivery, the clerk shall immediately send the judgment debtor the notice by ordinary mail.
3. If the ordinary mail is returned for any reason, the clerk shall give a similar notice to the judgment debtor that includes the case number, the name of the judgment debtor, and information on how to contact the clerk by “…a posting on the clerk’s web site…”.

If the balance remains unclaimed for ninety days following the last mailing, publication, posting, or text message required under division (A)(1)(a), (b), or (c) of this section, the clerk shall dispose of the balance in the same manner as unclaimed money is disposed of under sections 2335.34 and 2335.35 of the Revised Code.

Below are notices of excess funds, identified by judgment debtor and case number. Click on the appropriate case number to view the complete notice to the judgment debtor.

If excess funds are unclaimed 90 days from the date of initial posting on the website, the funds will be issued as Unclaimed Funds to the Guernsey County Auditor (R.C. 2329.44(2)(b)).